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The EMI licence under PSD3: what changes for e-money institutions in Europe

By Harry Khan, Founder · Published 8 November 2026 · Last reviewed 8 November 2026

Summary
  • PSD3 repeals the Second E-Money Directive. Issuing e-money becomes payment service 8 in Annex I, and an EMI becomes a payment institution authorised to issue e-money.
  • The e-money rules survive the change: e-money is still issued at par, redeemed on request at any time, and may not earn interest.
  • Initial capital for issuing e-money falls from EUR 350,000 to EUR 250,000, but an EMI that also provides the core payment services now adds EUR 150,000, giving EUR 400,000.
  • Customer funds must be safeguarded by the end of the business day after receipt, against up to five business days under EMD2.
  • Every service an EMI provides beyond e-money, such as acquiring or money remittance, must be listed in its PSD3 authorisation, or it will not be permitted after the transition.
  • EMIs operating under a national waiver have a longer transition under the agreed texts, because many will meet the full regime for the first time.

The short answer

The EU electronic money institution (EMI) licence does not survive PSD3 as a separate category. The Second E-Money Directive (EMD2) is repealed, issuing e-money is added to the list of payment services as service 8, and EMIs become payment institutions authorised to issue e-money. Their business continues, but each EMI must show its regulator that it meets PSD3 within the transition period, and its new authorisation must list every service it provides.

The Council adopted its first reading position on PSD3 on 29 October 2026. Once Parliament approves the text and it is published in the Official Journal, PSD3 enters into force 20 days later and applies after 21 months, with up to 27 months for existing institutions to complete the process. Our guide to PSD3 re-authorisation for payment institutions and EMIs sets out that timeline in full.

Why the EU is folding e-money into payments

The two directives grew up separately. EMD2 dates from 2009 and PSD2 from 2015, and over time the activities converged: most EMIs also execute payment transactions, issue cards and run accounts, and most of the rules on conduct, safeguarding and security overlap. The Commission's 2023 proposal argued that two parallel licences created inconsistencies in supervision and gave firms room to choose the lighter path.

PSD3 keeps the features that make e-money distinct and moves everything else into one regime. In practice that means one authorisation framework, one safeguarding rulebook and one set of conduct rules in the directly applicable Payment Services Regulation (PSR), whichever services a firm provides.

What stays the same for e-money

The rules that define e-money as a product are kept. An EMI that becomes a payment institution under PSD3 continues to:

  • issue e-money at par value on receipt of funds;
  • redeem e-money at par, at any time, at the holder's request;
  • refrain from paying interest or any benefit linked to the length of time e-money is held;
  • distribute and redeem e-money through distributors, which remain distinct from payment agents.

For customers the product looks the same. The change is in how the institution is authorised, capitalised and supervised.

Capital: lower for e-money alone, higher for combined models

Article 5 of PSD3 sets initial capital by service, and the amounts are added together where a firm provides services in more than one band.

Business modelEMD2 todayPSD3
E-money issuance onlyEUR 350,000EUR 250,000
E-money plus core payment servicesEUR 350,000EUR 400,000
E-money plus money remittance onlyEUR 350,000EUR 290,000
E-money plus payment initiationEUR 350,000EUR 300,000

Ongoing own funds for e-money stay at a minimum of 2% of average outstanding e-money under Method D. Where the institution also provides the core payment services, it holds the sum of the payment services requirement and the e-money requirement. A typical EMI running wallets, cards and transfers will therefore hold a little more initial capital than today, and most already hold far more in practice.

Safeguarding moves to the next business day

Under EMD2 an EMI could hold funds received for e-money for up to five business days before they had to be safeguarded. PSD3 removes that difference. Funds still held at the end of the business day after receipt must be in a separate account at a credit institution, or at a central bank where that central bank allows it, or invested in secure, liquid, low-risk assets approved by the home regulator. The insurance or comparable guarantee route remains available.

Three further points matter for EMIs:

  • institutions must try not to hold all customer funds with a single credit institution, which pushes most EMIs to a second safeguarding bank;
  • material changes to safeguarding arrangements must be notified to the regulator in advance;
  • the EBA will set technical standards on how safeguarded funds are risk-managed.

Opening a second safeguarding account can take months, so this is the item to start first. Our safeguarding practice arranges and documents those accounts.

Services must be listed one by one

This is the change most likely to catch an EMI out. Under EMD2 an EMI may provide payment services linked to its e-money business, and many hold permissions that are described broadly. Under PSD3 the authorisation lists each Annex I service the institution provides, and only those services are permitted.

PSD3 Annex I serviceTypical EMI activity
Cash placed on or withdrawn from an accountCard cash withdrawals, top-ups at retail points
Execution of payment transactionsTransfers from wallets and accounts, SEPA and card payments
Issuing payment instrumentsDebit and prepaid cards linked to the account
Acquiring payment transactionsMerchant acceptance and settlement
Money remittanceTransfers without a payment account
Payment initiation and account informationOpen banking features
Issuing e-money (service 8)The core e-money product

Before preparing the file, map every product line, including white-label and partner programmes, against this list. A service missed in the file is a service the institution cannot provide once the transition ends.

Three worked examples

The effect of PSD3 depends on the business model. These examples show how the service list and the capital add up for three common EMI types.

A wallet and card EMI

A consumer app holds balances as e-money, issues debit cards on the balance and lets customers send money to other accounts. Its PSD3 authorisation lists issuing e-money, execution of payment transactions and issuing payment instruments, and probably cash withdrawal for ATM use. Initial capital is EUR 250,000 for e-money plus EUR 150,000 for the core payment services, a total of EUR 400,000, with own funds calculated under both methods and added together.

A prepaid programme manager

A firm issuing gift and prepaid cards sold through retail distributors, with no transfers between customers. Its authorisation lists issuing e-money and, if cards can be used at merchants, issuing payment instruments, which sits in the core band. The winding-up plan carries most of the weight here, because it must explain how holders redeem e-money bought through each distributor if the programme closes.

An e-money issuer for business accounts

A B2B platform holding client balances for marketplaces and paying out to suppliers. Its authorisation lists issuing e-money, execution of payment transactions and possibly acquiring if it collects card payments for merchants. Safeguarding is the main work item: the next business day rule and the expectation of more than one safeguarding bank apply to large, fast-moving balances.

A six step plan for EMIs

  1. List every product, programme and partner arrangement, and map each one to a PSD3 Annex I service.
  2. Recalculate initial capital and own funds under the PSD3 bands and Method D, and document the calculation.
  3. Review safeguarding against the next business day rule, and start opening a second safeguarding account.
  4. Draft the winding-up plan, covering distributors, agents and outsourced providers.
  5. Refresh governance, fitness and propriety information and the DORA evidence for ICT risk.
  6. Build the file to your regulator's format once its national notice and the EBA standards are published, and submit well before PSD3 applies.

Firms that complete steps one to four in 2027 will be ready to file as soon as their regulator opens its process. Our regulatory compliance team runs this as a fixed project with the client's finance and compliance leads.

EMIs operating under a national waiver

Several member states let smaller EMIs operate under a national waiver in Article 9 of EMD2, with lighter capital and governance requirements. The agreed PSD3 texts recognise that these institutions may face the full regime for the first time and give them a longer transition than fully authorised EMIs.

A waived EMI should start by checking three things: whether its outstanding e-money and volumes keep it within any successor exemption its home state adopts, whether it can meet the full capital and safeguarding rules if not, and whether a sale or merger is a better route than re-authorisation. The UK's own registration regime below the thresholds is separate and unaffected.

Agents, distributors and the winding-up plan

PSD3 adds a winding-up plan to the authorisation file for any institution providing the core payment services or issuing e-money. It must be adapted to the institution's size and business model, and cover how customers are repaid and how critical activities run by outsourced providers, agents or distributors continue during an orderly exit.

For EMIs with large distribution networks, such as prepaid card programmes sold through retail, the plan has to explain what happens to e-money held through each distributor and how redemption works if the network stops. The governance section of the file also covers how agents and distributors are selected, monitored and recorded on the register.

Should you still apply for an EMI licence now?

Firms planning an EU e-money business often ask whether to apply now under EMD2 or wait for PSD3. The answer depends on timing. A licence granted now will need to go through PSD3 re-authorisation within the transition, but regulators are already reviewing new files against the direction of PSD3, so a file prepared to the new standard today carries across with little extra work.

SituationPractical approach
Launch needed in 2027Apply now, building the file to the PSD3 standard, including the winding-up plan and next-day safeguarding
Launch flexible, after 2028Prepare now and apply as PSD3 takes effect in your chosen member state
Speed matters mostConsider acquiring an authorised institution, with the PSD3 work as part of the deal

Our comparison of EU licensing jurisdictions and our guides to the Lithuania EMI licence and the Netherlands EMI licence show how individual regulators assess files today.

E-money tokens and MiCA

Under MiCA, an e-money token (EMT) may only be issued by a credit institution or an EMI. PSD3 keeps that link: a payment institution authorised for service 8 can issue EMTs under MiCA, and the agreed texts coordinate the two regimes. An EMI that issues an EMT today should make sure its PSD3 file covers the token programme, including the reserve, redemption and safeguarding arrangements MiCA requires. Our guide to issuing an EMT or ART under MiCA covers the token side.

Questions

Is the EMI licence being abolished in the EU?

As a separate licence, yes. PSD3 repeals EMD2, makes issuing e-money payment service 8, and turns EMIs into payment institutions authorised to issue e-money.

Do existing EMIs lose their authorisation?

Not immediately. They keep operating during the transition, up to 27 months after PSD3 enters into force, but must show their regulator that they meet PSD3 to keep it.

What is the capital for e-money under PSD3?

EUR 250,000 initial capital for issuing e-money, plus EUR 150,000 if the institution also provides the core payment services. Own funds remain at least 2% of average outstanding e-money.

How quickly must e-money funds be safeguarded under PSD3?

By the end of the business day after receipt, against up to five business days under EMD2.

Can an EMI still issue stablecoins under MiCA after PSD3?

Yes. A payment institution authorised to issue e-money can issue e-money tokens under MiCA, as EMIs can today.

Does PSD3 affect UK EMIs?

No. PSD3 is EU law. UK EMIs are affected only through EU subsidiaries, which go through the process in their home member state.

Sources

Get in touch: WhatsApp +44 7563 115980, Telegram @buckinghamcapital or [email protected].

This article is general information, not legal advice. Requirements change, and the regulator’s own publications take precedence.

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